DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,085

WHIRLPOOL CORPORATION
FORT SMITH, ARKANSAS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM TEC, PRN, IMPERIAL VENDING,
SECURITAS, ARKANSAS WAREHOUSE, AND AEROTEK
FORT SMITH, ARKANSAS

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on September 19, 2008 in
response to a petition filed by a state agency representative on
behalf of workers of Whirlpool Corporation, Fort Smith, Arkansas
Division, Fort Smith, Arkansas. Workers at the subject firm
produce side-by-side, full, counter-depth, and bottom mount
refrigerators; in addition, trash compactors. Workers are not
separately identifiable by product line.
Additionally, the worker group consists of on-site
leased/contract workers from TEC, PRN, Imperial Vending, Arkansas
Warehouse, and Aerotek.
Workers of the subject firm were certified eligible to apply
for trade adjustment assistance based on a shift in production of
household appliances to Mexico, under petition number TA-W-59,684,
which expired on July 28, 2008.
Employment at the subject firm declined comparing the periods
of January through August 2008 with the same period in 2007.
The subject firm shifted a portion of its side-by-side
refrigerators from Fort Smith, Arkansas to a country (Mexico) that
is a party to a free trade agreement with the United States.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for alternative trade adjustment assistance (ATAA) for
older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and do not possess skills that are easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Whirlpool Corporation, Fort Smith, Arkansas
Division, Fort Smith, Arkansas, including on-site leased
workers from TEC, PRN, Imperial Vending, Arkansas Warehouse,
and Aerotek who became totally or partially separated from
employment on or July 29, 2008 through two years from the date
of certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 1st day of October 2008


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance